Brad Ashford's Bill ... here are the affected laws:
http://nebraskalegislature.gov/laws/statutes.php?statute=28-120428-1204. Unlawful possession of a handgun; exceptions; penalty.
(1) Any person under the age of eighteen years who possesses a handgun commits the offense of unlawful possession of a handgun.
(2) This section does not apply to the issuance of handguns to members of the armed forces of the United States, active or reserve, National Guard of this state, or Reserve Officers Training Corps, when on duty or training, or to the temporary loan of handguns for instruction under the immediate supervision of a parent or guardian or adult instructor.
(3) Unlawful possession of a handgun is a Class I misdemeanor.
and
http://nebraskalegislature.gov/laws/statutes.php?statute=28-1204.01Nebraska Revised Statute 28-1204.01
Revised Statutes » Chapter 28 » 28-1204.01
Unlawful transfer of a firearm to a juvenile; exceptions; penalty; county attorney; duty.
(1) Any person who knowingly and intentionally does or attempts to sell, provide, loan, deliver, or in any other way transfer the possession of a firearm to a juvenile commits the offense of unlawful transfer of a firearm to a juvenile. The county attorney shall have a copy of the petition served upon the owner of the firearm, if known, in person or by registered or certified mail at his or her last-known address.
(2) This section does not apply to the transfer of a firearm, other than a handgun, to a juvenile:
(a) From a person related to such juvenile within the second degree of consanguinity or affinity if the transfer of physical possession of such firearm does not occur until such time as express permission has been obtained from the juvenile's parent or guardian;
(b) For a legitimate and lawful sporting purpose; or
(c) Who is under direct adult supervision in an appropriate educational program.
(3) This section applies to the transfer of a handgun except as specifically provided in subsection (2) of section 28-1204.
(4) Unlawful transfer of a firearm to a juvenile is a Class III felony.
Brad Ashford's change, LB50, is as follows:http://www.nebraskalegislature.gov/FloorDocs/Current/PDF/Intro/LB50.pdfSection 1. Section 28-101, Revised Statutes Cumulative
Supplement, 2012, is amended to read:
2
3 28-101 Sections 28-101 to 28-1356 and section 2 of this
4 act shall be known and may be cited as the Nebraska Criminal Code.
5 Sec. 2. Any person nineteen years of age or older in
6 possession of a firearm shall be subject to liability for civil
7 damages if such person unreasonably leaves the firearm in a place in
8 which a person under the age of nineteen years or a mentally
9 incompetent person may take possession of it. This section does not
10 apply to firearm activities in which a person under the age of
11 nineteen years or a mentally incompetent person may otherwise
12 lawfully engage in, while being supervised by a person nineteen years
13 of age or older and not mentally incompetent, such as, but not
14 limited to, hunting and target shooting.
15 Sec. 3. Original section 28-101, Revised Statutes
16 Cumulative Supplement, 2012, is repealed.
Except for the age discrepancy (19 instead of 18), it makes an adult liable to civil damages if they allow the firearms in their home to come into the possession of a juvenile without adult supervision.
This implies that that both handguns and long guns have to be concealed out of their reach or locked up. A trigger lock would not do because the juvenile only has to "take possession", even if the gun is not operable. A sure-fire solution would be to forbid any person under the age of 19 years from entering your home.
The law does not distinguish between a handgun or a long gun. It appears to me that the Class III felony penalty carries over from the 28-1204.01 law. If a kid in your house got his hands on a gun and you were accused under LB50 and convicted you'd be a convicted felon and unable to possess firearms or a hold a CCW permit. It would also give "ammo" to a mad ex-significant other to claim that your/their child was waving your gun around without your knowledge. If a kid was hurt or hurt someone else with a gun you left exposed you'd be exposed to civil lawsuits even if you weren't convicted of violating LB50.
The law would certainly remove the "instant access" capability which is probably the major reason why you would want to have a handgun at home for protection from home invasion. Perhaps a vault with a rapid bio-metric lock using either a print or retinal scan? Expensive! Conceal carry inside your home? Even in bed?
I keep my handgun locked in a mini gun vault in a location my grandchildren can't access. And, they don't know of its existence or location. Not even their parents know. I live in a section of town where home invasion has never been a problem and I don't anticipate any changes in that trend any time soon. But, if I lived where I used to live this law would be a concern if my grandchildren visited, as they often did.
CitizenClark can correct me if I have interpreted these laws and LB50 wrongly.
